Michael B. and Diana C. Wheeler - Page 5




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          indicate that a notice was issued to Mrs. Wheeler.  Mr. Meyering            
          further testified that according to respondent's procedures he,             
          rather than another agent, would have been required to make any             
          changes to the notice.  Mr. Meyering also testified that a joint            
          notice in this case was inappropriate because joint notices are             
          only issued when taxpayers make an election to file jointly.  In            
          this case, respondent determined that Mr. Wheeler had failed to             
          file Federal income tax returns for the years 1992 through 1996             
          and that an election to file jointly was not made.  Moreover,               
          petitioners in a letter attached to their Tax Court petition                
          state "Diana's name was somehow inadvertently omitted".                     
               For the foregoing reasons, we find that the statutory notice           
          of deficiency in this case was issued solely to Mr. Wheeler and             
          was not issued to Mrs. Wheeler.  Accordingly, we hold that we do            
          not have jurisdiction over Mrs. Wheeler.  Respondent's motion to            
          dismiss for lack of jurisdiction with respect to Mrs. Wheeler, to           
          change caption, and to strike, is granted.                                  


                                                  An appropriate order                
                                             will be issued.                          













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